9DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
The amendment filed on 09/15/2025 has been entered and accepted. The amendment with regard to the 112b rejection has been accepted and the rejection has been withdrawn.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 16 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. A full rejection can be found below.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 5, 9-10, and 12-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sands (US 20060153003 A1).
Regarding claim 1, Sands (US 20060153003 A1) teaches an accessory for use in a food processing system having a processing chamber in a container with an interior surface and a rotatable blade assembly (Figure 10 Paragraph 25, blade element attached to a container body 101), the accessory comprising:
an accessory body receivable within the processing chamber of the attachment (Paragraph 27, juicer element 111 is insertable into the blender container 106), said accessory body having an upper end, a lower end (Figure 10, sieve elements 114 extends between an upper end and a lower end of the juicer member), and at least one sidewall extending between said first end and said second end to define an accessory interior (Figure 10 Paragraph 27, main body 113 which extends between an upper end and a lower end of the juicer member), wherein at least a portion of said sidewall is permeable to a fluid flow (Figure 10 Paragraph 33, juice elements from the contents of the juicer moves through the sieve elements 114);
an opening to said accessory interior at said upper end (Paragraph 33, bore of the juicer 111 is accessed by removing cap element 105); and
a filtering body extending from said accessory body (Figure 10, sieve elements 114 extends from one edge of the main body 113 to another), said filtering body creating an exit channel with the interior surface of the container (Figure 10 Paragraphs 32-33, juice travels through sieve elements 114 into the container body and then finally exits the container through the plurality of openings 700 used to decant the contents of the container 106).
Regarding claim 5, Sands teaches the accessory of claim 1, wherein:
said upper end includes a spout region disposed a greater distance from the interior surface of the container than a remainder of said upper end (Figure 10 Paragraph 27, juicer element includes a funnel 112 positioned a greater distance from the interior surface than a remainder of the upper end and positioned adjacent to the spout 801; Figure 10, spout is also disposed a greater distance from the interior surface of the container than a remainder of the upper end).
Regarding claim 9, Sands teaches the accessory of claim 1, wherein
said accessory body further comprises a lid configurable to selectively seal said opening at said upper end (Figure 10 Paragraph 33, removable cap element 105 covers the bore of the juicer 111).
Regarding claim 10, Sands teaches the accessory of claim 9, wherein
said lid is removably associated with said upper end (Figure 10 Paragraph 33, removable cap element 105 covers the bore of the juicer 111).
Regarding claim 12, Sands teaches the accessory of claim 1, wherein
said lower end of said accessory body is positionable in contact with a bottom surface of the processing chamber (Figure 10, bottom portion of the juicer is clearly in contact with surface of the blender container 106; Paragraph 10 Paragraph 27, annular stop member 115 contacts a bottom surface of the blender container 106.
Regarding claim 13, Sands teaches the accessory of claim 13, wherein
said accessory body includes a first portion adjacent said lower end and a second portion adjacent said upper end, said first portion and said second portion having different configurations (Figure 1, both the main body 113 and region below the annular stop member is generally cylindrical in shape; Figure 1 Paragraph 26, funnel 112 at one end of the main body is generally frustoconical in shape).
Regarding claim 14, Sands teaches the accessory of claim 13, wherein
at least one of said first portion and said second portion is generally cylindrical in shape (Figure 1, both the main body 113 and region below the annular stop member is generally cylindrical in shape) and the other of said first portion and said second portion is generally frustoconical in shape (Figure 1 Paragraph 26, funnel 112 at one end of the main body is generally frustoconical in shape).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 2, 4, and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sands (US 20060153003 A1) as applied to claims 1 above, and further in view of Beber (US 20170049260 A1).
Regarding claim 2, Sands teaches the accessory of claim 1.
Sands fails to teach:
a filtering flange connects said filtering body to said accessory body, said filtering flange being positioned to block a portion of a flow from said processing chamber in an area adjacent said exit channel.
Beber (US 20170049260 A1) teaches a tea making appliance with filter assembly, wherein:
a filtering body extending from said accessory body (Figure 6 Paragraph 28, portion of filter plate 120 comprising perforations 124 extending from the filter assembly 100), said filtering body creating an exit channel with the interior surface of the container (Figure 1A Paragraph 26, spring-loaded articulated filter assembly 100 for filtering the contents of the brewed tea mixture as the brewed tea mixed exits the vessel along the pouring path indicated by arrow P1 through spout 26)
a filtering flange (Figure 7, portion of filter plate connecting the pivot bar 132 and rim portion 80 of the lid assembly to the portion with perforations) connects said filtering body to said accessory body (Figure 7, portion of filter plate without perforations 124 connecting the pivot bar 132 and rim portion 80 of the lid assembly to the portion with perforations), said filtering flange being positioned to block a portion of a flow from said processing chamber in an area adjacent said exit channel (Figure 7 Paragraph 31, perforations allow flow to pass through while portion of plate between perforations and the pivot bar blocks the flow such as to filter the brewed tea)
While Beber does not explicitly teach of a blender, it does teach of a central bore surrounded by a filtering means of steeping tube 90 in addition to a second means for preventing particles from leaving the outlet of the apparatus by means of articulating filter assembly 100 (Beber Figure 1A). This is the same purpose as that of Sands which teaches the use of sieve elements 114 as well as openings 700 used to decant the contents of the container (Sands Paragraph 32), as well as the applicant which uses a partially porous material 120 (Paragraph 57 of Applicant’s Specifications filed 12/10/2021) as well as the filter body to block undesired particles from the outlet (Paragraph 64 of Applicant’s Specifications filed 12/10/2021).
It would have thus been obvious to someone of ordinary skill in the art before the filing date of the claimed invention to have modified Sands with Beber and have a filter plate be positioned at the outlet. This would have been done to provide filtering while providing a constant force to keep the biasing member engaged with the inner surface of the vessel such as to facilitate the filtering of different shaped containers (Beber Paragraph 29).
Regarding claim 4, Sands teaches the accessory of claim 1, wherein:
a filtering device is positionable within the processing chamber such that said exit channel is aligned with a spout of the container (Paragraph 32, openings 700 are used to decant the contents of the container 106 while being aligned with a spout 801 of the blender container)
Sands fails to explicitly teach:
said filtering body is positionable within the processing chamber such that said exit channel is aligned with a spout of the container.
Beber (US 20170049260 A1) teaches a tea making appliance with filter assembly, wherein:
a filtering body extending from said accessory body (Figure 6 Paragraph 28, portion of filter plate 120 comprising perforations 124 extending from the filter assembly 100), said filtering body creating an exit channel being associable with the interior surface of the container to create an exit channel from the processing chamber (Figure 1A Paragraph 26, spring-loaded articulated filter assembly 100 for filtering the contents of the brewed tea mixture as the brewed tea mixed exits the vessel along the pouring path indicated by arrow P1 through spout 26)
said filtering body is positionable within the processing chamber such that said exit channel is aligned with a spout of the container (Figure 1A Paragraph 26, spring-loaded articulated filter assembly 100 for filtering the contents of the brewed tea mixture as the brewed tea mixed exits the vessel along the pouring path indicated by arrow P1 through spout 26)
While Beber does not explicitly teach of a blender, it does teach of a central bore surrounded by a filtering means of steeping tube 90 in addition to a second means for preventing particles from leaving the outlet of the apparatus by means of articulating filter assembly 100 (Beber Figure 1A). This is the same purpose as that of Sands which teaches the use of sieve elements 114 as well as openings 700 used to decant the contents of the container (Sands Paragraph 32), as well as the applicant which uses a partially porous material 120 (Paragraph 57 of Applicant’s Specifications filed 12/10/2021) as well as the filter body to block undesired particles from the outlet (Paragraph 64 of Applicant’s Specifications filed 12/10/2021).
It would have thus been obvious to someone of ordinary skill in the art before the filing date of the claimed invention to have modified Sands with Beber and have a filter plate be positioned at the outlet. This would have been done to provide filtering while providing a constant force to keep the biasing member engaged with the inner surface of the vessel such as to facilitate the filtering of different shaped containers (Beber Paragraph 29).
Regarding claim 6, Sands teaches the accessory of claim 5.
Sands fails to teach:
said filtering body extends downwardly from said spout region of said accessory body.
Beber (US 20170049260 A1) teaches a tea making appliance with filter assembly, wherein:
a filtering body extending from said accessory body (Figure 6 Paragraph 28, portion of filter plate 120 comprising perforations 124 extending from the filter assembly 100), said filtering body creating an exit channel being associable with the interior surface of the container to create an exit channel from the processing chamber (Figure 1A Paragraph 26, spring-loaded articulated filter assembly 100 for filtering the contents of the brewed tea mixture as the brewed tea mixed exits the vessel along the pouring path indicated by arrow P1 through spout 26)
said filtering body extends downwardly from said spout region of said accessory body (Figure 1B, filtering plate 120 extends downward from the spout region)
While Beber does not explicitly teach of a blender, it does teach of a central bore surrounded by a filtering means of steeping tube 90 in addition to a second means for preventing particles from leaving the outlet of the apparatus by means of articulating filter assembly 100 (Beber Figure 1A). This is the same purpose as that of Sands which teaches the use of sieve elements 114 as well as openings 700 used to decant the contents of the container (Sands Paragraph 32), as well as the applicant which uses a partially porous material 120 (Paragraph 57 of Applicant’s Specifications filed 12/10/2021) as well as the filter body to block undesired particles from the outlet (Paragraph 64 of Applicant’s Specifications filed 12/10/2021).
It would have thus been obvious to someone of ordinary skill in the art before the filing date of the claimed invention to have modified Sands with Beber and have a filter plate be positioned at the outlet. This would have been done to provide filtering while providing a constant force to keep the biasing member engaged with the inner surface of the vessel such as to facilitate the filtering of different shaped containers (Beber Paragraph 29).
Claim(s) 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sands (US 20060153003 A1) as applied to claims 1 above, and further in view of Morris (US 20050072787 A1).
Regarding claim 7, Sands teaches the accessory of claim 1.
Sands fails to teach:
said filtering body includes an abutting end for contacting the interior surface of the container, said abutting end having a notch formed therein.
Morris (US 20050072787 A1) teaches a cup lid apparatus, wherein:
a filtering body (aperture 54 and aperture 46 of the second part 28 inherently have filtering properties as they would block objects which are larger than the size of the holes from passing through) extending from said accessory body (Figure 5 Paragraph 41, second part 28 extends from the first part lid 24), said filtering body creating an exit channel being associable with the interior surface of the container to create an exit channel from the processing chamber (Figures 6 and 12 Paragraphs 56-57, construction of the second part separates the liquid in one portion associated with the aperture 41 for pouring the liquid contents out of cup 12 from a second portion comprising the rest of the cup)
said filtering body includes an abutting end for contacting the interior surface of the container (Figures 8-9 Paragraph 42, second part 28 is biased forward towards the inner sidewall surface 18 of the cup 12 coming to rest adjacent the inner sidewall surface 18), said abutting end having a notch formed therein (Figures 8-9, abutting end of the second part 28 contains an aperture 54 which facilitates the flow of liquid from the second portion of the cup 52 into the channel 48 through the second aperture 54; abutting end reasonably is considered as having a notch as it contains a recess between two regions which contact the sidewall of the cup which is the same general configuration as that of the applicant as shown in Figure 12 of the applicant’s drawings 12/10/2021).
It would have thus been obvious to someone of ordinary skill in the art before the filing date of the claimed invention to have modified Sands with Morris and used the second part as a filtering body. This would have been done to facilitate use of a third part hingedly attached to the lid such as to create a tight seal between the cup lid and the cup (Morris Paragraph 11).
Regarding claim 8, Sands as modified teaches the accessory of claim 7.
Morris further teaches:
said notch and the interior surface of the container cooperate to define the exit channel (Figures 8-9, abutting end of the second part 28 contains an aperture 54 which facilitates the flow of liquid from the second portion of the cup 52 into the channel 48 through the second aperture 54; Figures 6 and 12 Paragraphs 56-57, construction of the second part separates the liquid in one portion associated with the aperture 41 for pouring the liquid contents out of cup 12 from a second portion comprising the rest of the cup).
It would have been obvious for the same motivation as claim 7.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sands (US 20060153003 A1) as applied to claims 9 above, and further in view of Carriere (US 20110248108 A1).
Regarding claim 11, Sands teaches the accessory of claim 9.
Sands fails to explicitly teach:
said lid is rotatably coupled to said upper end.
Carriere (US 20110248108 A1) teaches a blender and food processing device, wherein:
said lid is rotatably coupled to said upper end (Paragraph 133-134, cap 410 is rotated along path 462 such as to fully interlock the cap with the vessel; Paragraph 138, second cap is also rotated such that the safety actuation flange is integral with the cap actuates the switch housed in the base).
It would have thus been obvious to someone of ordinary skill in the art before the filing date of the claimed invention to have modified Sands with Carriere and have the lid be rotatably coupled to the upper end. This would have been done such as to properly integrate a safety mechanism into the blender and enable safe activation of the blender (Carriere Paragraph 124).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sands (US 20060153003 A1).
Regarding claim 15, Sands teaches the accessory of claim 1, further comprising
an opening to said accessory interior at said lower end (Figures 1 and 7 Paragraph 27, juicer element 111 is placed into the blender container 106; Figures 7-10 Paragraph 32, base is coupled to the container 106 by a screw fix rotation), wherein a diameter of said opening at said lower end is greater than a diameter of the rotatable blade assembly (Figure 10 Paragraph 25, agitating means 108 which comprises a blade element is surrounded by the main body of the juicer element 111 and the juicer element 111 does not narrow at any point below the sieve elements 114 as shown by Figure 10; while not explicitly shown that an opening exists at the bottom of juicer container 111, one of ordinary skill in the art would readily recognize that the opening at the bottom of the juicer container reasonably exists given the evidence that the base is couple to the container by a screw fix rotation and the lack of any evidence of a bottom existing for juicer container 111 within any of the figures).
Claim(s) 16, 19-20, 24-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over CHO (KR 101821786 B1) in view of Sands (US 20060153003 A1).
Regarding claim 16, CHO (KR 101821786 B1) teaches a container assembly for a food processing system, the container assembly (mixing chamber 200 and base 100) comprising:
a sealable container body including a processing chamber having an interior surface and an open end (Paragraph 33, sealing member is provided on the circumferential surface of the closure surface positioned on an open end for maintaining airtightness inside the mixing chamber);
a rotatable blade assembly including at least one blade positioned within said chamber of said sealable body (Paragraph 30, grinding blade 210 is provided on the bottom surface of the mixing container 200);
Cho fails to teach:
an accessory positionable within said chamber, said accessory including: an accessory body having an accessory interior, wherein said accessory body includes a sidewall and at least a portion of said sidewall is permeable to a fluid flow;
an upper end in communication with said accessory interior, and
a filtering body extending from said accessory body and arranged in contact with said interior surface of said container body to create an exit channel from the processing chamber.
Sands (US 20060153003 A1) teaches a container assembly for a food processing system (Figure 10 Paragraph 25, blade element attached to a container body 101), wherein:
an accessory positionable within said chamber (Figure 7 Paragraphs 32-33, juicer 111 is provided within the body of the blender container 106), said accessory including:
an accessory body having an accessory interior (Figure 10 Paragraph 27, main body 113 which extends between an upper end and a lower end of the juicer member), wherein said accessory body includes a sidewall (main body 113 which includes areas around sieve elements 114) and at least a portion of said sidewall is permeable to a fluid flow (Figure 10 Paragraph 33, juice elements from the contents of the juicer moves through the sieve elements 114);
an upper end in communication with said accessory interior (Paragraph 33, bore of the juicer 111 is accessed by removing cap element 105), and
a filtering body extending from said accessory body and arranged in contact with said interior surface of said container body (Figure 10, sieve elements 114 extends from one edge of the main body 113 to another edge) to create an exit channel from the processing chamber (Figure 10 Paragraphs 32-33, juice travels through sieve elements 114 into the container body and then finally exits the container through the plurality of openings 700 used to decant the contents of the container 106).
It would have thus been obvious to someone of ordinary skill in the art before the filing date of the claimed invention to have modified Cho with Sands and have the container base contain an accessory with a filtering body. This would have been done to retain remaining pulp within the bore of the juicer when being blended (Sands Paragraph 33).
Regarding claim 19, CHO as modified teaches the container assembly of claim 16.
Sands further teaches:
said container body includes a spout and said exit channel is aligned with said spout (Figure 10 Paragraphs 32-33, juice travels through sieve elements 114 into the container body and then finally exits the container through the plurality of openings 700 used to decant the contents of the container 106; Paragraph 32, openings 700 are used to decant the contents of the container 106 while being aligned with a spout 801 of the blender container).
It would have been obvious for the same motivation as claim 16.
Regarding claim 20, CHO as modified teaches the container assembly of claim 16.
Sands further teaches:
said upper end includes a spout region disposed a greater distance from an interior surface of said container body than a remainder of said upper end (Figure 10 Paragraph 27, juicer element includes a funnel 112 positioned a greater distance from the interior surface than a remainder of the upper end and positioned adjacent to the spout 801; Figure 10, spout is also disposed a greater distance from the interior surface of the container than a remainder of the upper end).
It would have been obvious for the same motivation as claim 16.
Regarding claim 24, CHO as modified teaches the container assembly of claim 16, wherein:
a sealable container body (Paragraph 33, sealing member is provided on the circumferential surface of the closure surface positioned on an open end for maintaining airtightness inside the mixing chamber
Sands further teaches:
said accessory further comprises a lid connectable to said accessory body to seal said accessory interior (Figure 10 Paragraph 33, removable cap element 105 covers the bore of the juicer 111).
It would have been obvious for the same motivation as claim 16.
Regarding claim 25, CHO as modified teaches the container assembly of claim 16, wherein
said sealable container body includes a vacuum channel selectively arranged in fluid communication with said processing chamber (Paragraph 11, vacuum pumping force from a vacuum pump is used to provide a vacuum suction force to the internal space of the mixing container).
Claim(s) 17 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over CHO (KR 101821786 B1) in view of Sands (US 20060153003 A1) as applied to claims 16 and 20 above, and further in view of Beber (US 20170049260 A1)
Regarding claim 17, CHO as modified teaches the container assembly of claim 16.
CHO as modified fails to teach:
a filtering flange connects said filtering body to said accessory body, said filtering flange being positioned to block a portion of a flow from said processing chamber in an area adjacent said exit channel.
Beber (US 20170049260 A1) teaches a tea making appliance with filter assembly, wherein:
a filtering body extending from said accessory body and arranged in contact with said (Figure 6 Paragraph 28, portion of filter plate 120 comprising perforations 124 extending from the filter assembly 100), said filtering body being associable with said interior surface of said container body to create an exit channel from the processing chamber (Figure 1A Paragraph 26, spring-loaded articulated filter assembly 100 for filtering the contents of the brewed tea mixture as the brewed tea mixed exits the vessel along the pouring path indicated by arrow P1 through spout 26)
a filtering flange (Figure 7, portion of filter plate connecting the pivot bar 132 and rim portion 80 of the lid assembly to the portion with perforations) connects said filtering body to said accessory body (Figure 7, portion of filter plate without perforations 124 connecting the pivot bar 132 and rim portion 80 of the lid assembly to the portion with perforations), said filtering flange being positioned to block a portion of a flow from said processing chamber in an area adjacent said exit channel (Figure 7 Paragraph 31, perforations allow flow to pass through while portion of plate between perforations and the pivot bar blocks the flow such as to filter the brewed tea).
While Beber does not explicitly teach of a blender, it does teach of a central bore surrounded by a filtering means of steeping tube 90 in addition to a second means for preventing particles from leaving the outlet of the apparatus by means of articulating filter assembly 100 (Beber Figure 1A). This is the same purpose as that of Sands which teaches the use of sieve elements 114 as well as openings 700 used to decant the contents of the container (Sands Paragraph 32), as well as the applicant which uses a partially porous material 120 (Paragraph 57 of Applicant’s Specifications filed 12/10/2021) as well as the filter body to block undesired particles from the outlet (Paragraph 64 of Applicant’s Specifications filed 12/10/2021).
It would have thus been obvious to someone of ordinary skill in the art before the filing date of the claimed invention to have modified CHO with Beber and have a filter plate be positioned at the outlet. This would have been done to provide filtering while providing a constant force to keep the biasing member engaged with the inner surface of the vessel such as to facilitate the filtering of different shaped containers (Beber Paragraph 29).
Regarding claim 21, CHO as modified teaches the container assembly of claim 20.
CHO as modified fails to teach:
said filtering body extends downwardly from said spout region of said accessory body.
Beber (US 20170049260 A1) teaches a tea making appliance with filter assembly, wherein:
a filtering body extending from said accessory body and arranged in contact with said (Figure 6 Paragraph 28, portion of filter plate 120 comprising perforations 124 extending from the filter assembly 100), said filtering body being associable with said interior surface of said container body to create an exit channel from the processing chamber (Figure 1A Paragraph 26, spring-loaded articulated filter assembly 100 for filtering the contents of the brewed tea mixture as the brewed tea mixed exits the vessel along the pouring path indicated by arrow P1 through spout 26)
said filtering body extends downwardly from said spout region of said accessory body (Figure 1B, filtering plate 120 extends downward from the spout region).
While Beber does not explicitly teach of a blender, it does teach of a central bore surrounded by a filtering means of steeping tube 90 in addition to a second means for preventing particles from leaving the outlet of the apparatus by means of articulating filter assembly 100 (Beber Figure 1A). This is the same purpose as that of Sands which teaches the use of sieve elements 114 as well as openings 700 used to decant the contents of the container (Sands Paragraph 32), as well as the applicant which uses a partially porous material 120 (Paragraph 57 of Applicant’s Specifications filed 12/10/2021) as well as the filter body to block undesired particles from the outlet (Paragraph 64 of Applicant’s Specifications filed 12/10/2021).
It would have thus been obvious to someone of ordinary skill in the art before the filing date of the claimed invention to have modified CHO with Beber and have a filter plate be positioned at the outlet. This would have been done to provide filtering while providing a constant force to keep the biasing member engaged with the inner surface of the vessel such as to facilitate the filtering of different shaped containers (Beber Paragraph 29).
Claim(s) 22-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over CHO (KR 101821786 B1) in view of Sands (US 20060153003 A1) as applied to claims 16 above, and further in view of Morris (US 20050072787 A1).
Regarding claim 22, CHO as modified teaches the container assembly of claim 16.
Cho as modified fails to teach:
said filtering body includes an abutting end for contacting an interior surface of the container, said abutting end having a notch formed therein.
Morris (US 20050072787 A1) teaches a cup lid apparatus, wherein:
a filtering body (aperture 54 and aperture 46 of the second part 28 inherently have filtering properties as they would block objects which are larger than the size of the holes from passing through) extending from said accessory body and arranged in contact with said (Figure 5 Paragraph 41, second part 28 extends from the first part lid 24 and is in contact with first part lid 24), said filtering body being associable with said interior surface of said container body to create an exit channel from the processing chamber (Figures 6 and 12 Paragraphs 56-57, construction of the second part separates the liquid in one portion associated with the aperture 41 for pouring the liquid contents out of cup 12 from a second portion comprising the rest of the cup)
said filtering body includes an abutting end for contacting an interior surface of the container (Figures 8-9 Paragraph 42, second part 28 is biased forward towards the inner sidewall surface 18 of the cup 12 coming to rest adjacent the inner sidewall surface 18), said abutting end having a notch formed therein (Figures 8-9, abutting end of the second part 28 contains an aperture 54 which facilitates the flow of liquid from the second portion of the cup 52 into the channel 48 through the second aperture 54; abutting end reasonably is considered as having a notch as it contains a recess between two regions which contact the sidewall of the cup which is the same general configuration as that of the applicant as shown in Figure 12 of the applicant’s drawings 12/10/2021).
It would have thus been obvious to someone of ordinary skill in the art before the filing date of the claimed invention to have modified CHO with Morris and used the second part as a filtering body. This would have been done to facilitate use of a third part hingedly attached to the lid such as to create a tight seal between the cup lid and the cup (Morris Paragraph 11).
Regarding claim 23, CHO as modified teaches the container assembly of claim 22.
Morris further teaches:
said notch and the interior surface of the container cooperate to define the exit channel (Figures 8-9, abutting end of the second part 28 contains an aperture 54 which facilitates the flow of liquid from the second portion of the cup 52 into the channel 48 through the second aperture 54; Figures 6 and 12 Paragraphs 56-57, construction of the second part separates the liquid in one portion associated with the aperture 41 for pouring the liquid contents out of cup 12 from a second portion comprising the rest of the cup).
It would have been obvious for the same motivation as claim 22.
Conclusion
Applicant's amendment changes the scope of the independent claims and thus necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/F.J.W./Examiner, Art Unit 3761
/IBRAHIME A ABRAHAM/Supervisory Patent Examiner, Art Unit 3761